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Calendar No. 229
105th CONGRESS
1st Session
H. R. 765
[Report No. 105-115]
_______________________________________________________________________
AN ACT
To ensure maintenance of a herd of wild horses in Cape Lookout National
Seashore.
_______________________________________________________________________
October 28, 1997
Reported with an amendment
Calendar No. 229
105th CONGRESS
1st Session
H. R. 765
[Report No. 105-115]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 23, 1997
Received
September 3, 1997
Read twice and referred to the Committee on Energy and Natural
Resources
October 28, 1997
Reported by Mr. Murkowski, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
AN ACT
To ensure maintenance of a herd of wild horses in Cape Lookout National
Seashore.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Shackleford Banks Wild
Horses Protection Act''.</DELETED>
<DELETED>SEC. 2. MAINTENANCE OF WILD HORSES IN CAPE LOOKOUT NATIONAL
SEASHORE.</DELETED>
<DELETED> Section 5 of the Act entitled ``An Act to provide for the
establishment of the Cape Lookout National Seashore in the State of
North Carolina, and for other purposes'', approved March 10, 1966 (16
U.S.C. 459g-4), is amended by inserting ``(a)'' after ``Sec. 5.'', and
by adding at the end the following new subsection:</DELETED>
<DELETED> ``(b)(1) The Secretary, in accordance with this
subsection, shall allow a herd of free roaming horses in the
seashore.</DELETED>
<DELETED> ``(2) Within 180 days after enactment of this subsection,
the Secretary shall enter into an agreement with the Foundation for
Shackleford Horses (a nonprofit corporation established under the laws
of the State of North Carolina) to provide for management of free
roaming horses in the seashore. The agreement shall--</DELETED>
<DELETED> ``(A) provide for cost-effective management of the
horses; and</DELETED>
<DELETED> ``(B) allow the Foundation to adopt any of those
horses that the Secretary removes from the seashore.</DELETED>
<DELETED> ``(3)(A) The Secretary shall accommodate the historic
population level of the free roaming horse herd in the seashore, which
shall be considered to be not less than 100 horses and not more than
110 horses.</DELETED>
<DELETED> ``(B) The Secretary may not remove, or assist in or permit
the removal of, any free roaming horses from Federal lands within the
boundaries of the seashore unless--</DELETED>
<DELETED> ``(i) the number of free roaming horses in the
seashore exceeds 110;</DELETED>
<DELETED> ``(ii) there is an emergency or a need to protect
public health and safety, as defined in the agreement under
paragraph (2); or</DELETED>
<DELETED> ``(iii) there is concern for the persistence and
viability of the horse population that is cited in the most
recent findings of annual monitoring of the horses under
paragraph (4).</DELETED>
<DELETED> ``(4) The Secretary shall annually monitor, assess, and
make available to the public findings regarding the population
structure and health of the free roaming horses in the national
seashore.</DELETED>
<DELETED> ``(5) Nothing in this subsection shall be construed as
creating liability for the United States for any damages caused by the
free roaming horses to property located inside or outside the
boundaries of the seashore.''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Shackleford Banks Wild Horses
Protection Act''.
SEC. 2. MAINTENANCE OF WILD HORSES IN CAPE LOOKOUT NATIONAL SEASHORE.
Section 5 of the Act entitled ``An Act to provide for the
establishment of the Cape Lookout National Seashore in the State of
North Carolina, and for other purposes'', approved March 10, 1966
(Public Law 89-366; 16 U.S.C. 459g-4), is amended by inserting ``(a)''
after ``Sec. 5.'', and by adding at the end the following new
subsection:
``(b)(1) The Secretary, in accordance with this subsection, shall
allow a herd of free-roaming horses in Cape Lookout National Seashore
(hereinafter referred to as the `Seashore').
``(2) Within 180 days after enactment of this subsection, the
Secretary shall enter into an agreement with the Foundation for
Shackleford Horses (a non-profit corporation established under the laws
of the State of North Carolina), or another qualified non-profit
entity, to provide for management of free-roaming horses in the
seashore. The agreement shall--
``(A) provide for cost-effective management of the horses
while ensuring that natural resources within the seashore are
not adversely impacted; and,
``(B) allow the authorized entity to adopt any of those
horses that the Secretary removes from the seashore.
``(3) The Secretary shall not remove, assist in, or permit the
removal of any free-roaming horses from Federal lands within the
boundaries of the seashore--
``(A) unless the entity with whom the Secretary has entered
into the agreement under paragraph (2), following notice and a
90-day response period, fails to meet the terms and conditions
of the agreement; or
``(B) unless the number of free-roaming horses on Federal
lands within Cape Lookout National Seashore exceeds 110; or
``(C) except in the case of an emergency, or to protect
public health and safety.
``(4) The Secretary shall annually monitor, assess, and make
available to the public findings regarding the population structure and
health of the free-roaming horses in the national seashore.
``(5) Nothing in this subsection shall be construed as creating
liability for the United States for any damages caused by the free-
roaming horses to property located inside or outside the boundaries of
the seashore.''.
Passed the House of Representatives July 22, 1997.
Attest:
ROBIN H. CARLE,
Clerk.
Pages: 1 Other Popular 105th Congressional Bills Documents:
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